Opinion

State v. Thomas

  • 54 So. 3d 1
  • 2010 WL 2795320
Court
Louisiana Court of Appeal
Filed
Jul 15, 2010
Status
Published
Author
Lombard
On the bench
Armstrong, Bagneris, Belsome, Bonin, Gorbaty, III, Jones, Kirby, Lombard, Love, McKay, Murray, Tobias
Cited by
11 cases
Authority
More cited than 17.8%

The opinion

LOMBARD, J.,

Dissents.

LThe defendants have been incarcerated for almost nine years. This delay, even though partially attributable to actions of the public defender’s office and a disaster (Hurricane Katrina), is simply unacceptable in a criminal justice system based upon a presumption of innocence until proven guilty. See Doggett v. U.S., 505 U.S. 647, 652 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992) (“the presumption that pretrial delay has prejudiced the accused intensifies over time.”); see also State v. Harris, 2003-0524 (La.App. 4 Cir. 9/10/03) , 857, 857 So.2d 16 so.2d 16, 20 (24 month delay violated defendant’s right to speedy trial); State v. Esteen, 95-1079 (La.App. 4 Cir. 4/3/96) , 672 So.2d 1098, 1102 (delay of two and a half years presumptively prejudicial). Accordingly, I |2would deny the writ and affirm the trial court decision to grant the defendants motion to quash

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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